155
PUBLIC RECORD OFFICE
Reference :-
C.O. 882/10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
202
COURT MARTIAL.
Charge Sheet.
1.
Dalugama Mudiyanselage Don Girigoris, Police Vidane 274.
2.
Henadira Arachchige Don Lewis Weerasinghe.
3. Herat Mohottige Juwanis Perera.
First Charge. The accused above named, being persons subject to military law, are charged with treason, in that they, on or about the 2nd June, 1915, at Yatihene, did levy war against our lord the King, contrary to Section 41 of the Army Act.
Second Charge.-The above-named accused are further charged with shop- breaking, in that they, at the same time and place aforesaid, were members of an unlawful assembly with the common object of injuring, in person and property, His Majesty's Moorish subjects in Ceylon, which said unlawful assembly did break into the shop of one Mohideen Lebbe Mohammadu Sameen, and did commit a felony therein, to wit, larceny, contrary to Section 57 of the Larceny Act, 1861, and Section 41 of the Army Act.
Third Charge. The above-named accused are further charged with riotously damaging a building, in that they, at the same time and place aforesaid, were members of an unlawful assembly riotously and tumultuously assembled together to the disturbance of the public peace, which said assembly did unlawfully and by force damage a place of divine worship, to wit, a mosque, contrary to Section 12 of the Malicious Damage Act, 1861, and the Army Act.
EVIDENCE TAKen at a Field General Court Martial, held at the MILITARY HEAD- QUARTERS, Slave Island, on THE 27TH JULY, 1915.
Prisoners :—
1. Dalugama Mudiyanselage Don Girigoris, Police Vidane 274.
2. Henadira Arachchige Don Lewis Weerasinghe.
3.
Herat Mohottige Juwanis Perera.
Prosecution opens.
Mohideen Lebbe Mohammadu Sameem, sworn.
Age 20. Live in Yatihene. In June last I was running a boutique there. On the 2nd boutiques were looted. Abdul Hamid was with me. My brother was close When we were near the boutique these to the boutique. His name is Saldeen.
three accused came whistling and with flags about 2.0 or 2.30. Crowd about two or three hundred, armed. These three accused were armed. I told the first accused to protect my boutique and my house. He is headman of our village. He said: There is no English Government. This is the day of the Buddhists. This is our I ran away. I went to flag," etc. Then the third accused raised the gun at me. the jungle which is behind my boutique. From there I saw everything. The first The crowd came, broke the boutique, accused whistled before the crowd came.
The carted the things and removed. Then I went to the jungle near our mosque. crowd went on breaking houses. Then they came to the mosque. I hid myself. I did not see them destroying the mosque. I returned to the boutique in the night about 8.0 or 9.0 p.m., and found it was wrecked. Loss about Rs.1,500. Afterwards I found the mosque broken. I know the first accused for a very long time. I know the third for about fifteen years. The second is a man of the adjoining village.__I We The second is said to be a vederala. know him, too. I knew their names. heard there was riot at Walgama. It commenced there on the 2nd.
Cross-examined: We complained to the Commissioner at Dompe about ten or twelve days after. In the meantime we did not complain to anybody. The vidane Arachchi went and assessed damages. Migahawatte Police Inspector was on the road at Yatihene, and I complained on that day. He did not hear me, and he asked me to go away by showing signs. I was not there on the 3rd. I was at Walgama on the 3rd. Everything was over on the 2nd. The boutique was in partnership between myself and Saldeen. On the 10th the Government Agent came to the boutique. My brother was there, and pointed out to him. I was not there. I do not know if the first accused is well-to-do.
Re-examined: I know the estate the superintendent of which has come here to-day. It is beyond half a mile from our boutiques. Beyond Yatihene there is Biyagama. There are no Moorish boutiques there.
Mohideen Lebbe Saldeen, sworn.
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It was
Brother of the last witness. Own boutique with him in Yatihene. broken on the 2nd June about 2.0 or 2.30. Crowd came with four people and looted the boutiques. These accused were three of them. The crowd were behind them. I went to the first accused and spoke. My brother spoke first. When they said To-day is our day," etc., we got behind. They had weapons. First had a whistle, second a flag, third a gun. Third attempted to shoot me and pointed the gun at me. Then I ran away.
The boutique was broken and things removed. They came to the house again. I was in the jungle. They removed things from the house. did not see anything done to the mosque. Two or three days after we came to the There were about house. Subsequently I found the mosque in a damaged state. sixteen Moorish houses in Yatihene. Except two houses all the other houses have
been looted.
I
Cross-examined: There is a field near the mosque. There is one house close to the mosque. The mosque was broken on the 2nd. I do not know if the breaking could be heard from the estate. We were in hiding in the jungle over half a mile from that estate, About four or five days after we complained, and several days after the Commissioner came. I showed the damage to him. I mentioned the names of the accused. I did not see the Inspector before that. chased me as far as the boutique. I got into the jungle. At that time my brother was in the boutique.
Minna Marikar Abdul Hamidu, sworn.
These accused
Live at Yatihene. I was born there. On the 2nd, about 2.30 or 3.0 p.m., crowd attacked and looted houses and boutiques. The first accused had a whistle and a flag, the second had a sword, and third a gun. I saw boutiques and houses broken. I ran away. I saw the mosque being attacked. Same crowd attacked the mosque. These accused were leading. I was in the jungle behind the mosque at that time.
Cross-examined: I did not see Saldeen. I and Sameem were talking together. Crowd came. We went and spoke to these aocused. Both of us ran away. I do not know where Saldeen was on that day.
Re-examined: Saldeen's house is at a little distance from the boutique. Kavena Mohammadu Ali, sworn.
Live at Yatibene. I know Sameem's boutique. My house is on the other side of the field. The boutique is on the opposite side. My house is near the mosque. On the 2nd June boutiques were looted. I was alone in the house. Crowd led by four people came. These accused were three of them. They broke the mosque. They waved the flag, crying: "Sadhu." They came to my house. My house was also broken and destroyed and looted. I hid in the jungle. I know these men for a long time.
Cross-examined: I did not speak to these accused at that time. They were hooting. Second had a gun, third a gun, first had a flag, when they came to the mosque. I was within twenty fathoms from the second accused. I heard him. Kadar Bachcha Abdul Rahiman, sworn.
Trader in Yatihene. Live about thirty fathoms from the mosque. On the 2nd June the mosque was attacked. I was at home. At about 2.0 o'clock a Sinhalese These accused said: "Kill the Moors," etc. crowd came, led by the three accused.
The mosque was attacked. My house was attacked and all things removed. All of us went to the jungle.
The
Cross-examined: I cannot say whether anything happened on the 3rd. mosque was broken on the 2nd. I did not speak to these people. I did not see any of the other Moors. When I saw the crowd at a distance I ran away.
Prosecution closed.
Witnesses for the defence :--
De Livera, sworn.
I have known the first accused as a headman
Mudaliyar of the Siyane Korale. since 1904. He has been serving Government faithfully. I have known him as a man of good character. On the 4th June I went to Walgama. I passed Yatihane on the 4th. I saw some of the houses broken. I did not see the boutiques.*
Croes-examined: I did not notice any boutiques broken. They might have been in a damaged state.
*Did not take the trouble to look at the boutiques.—A.C.